An attorney representing Ball State University has called the methods of McKinney family lawyer Geoffrey Fieger "outrageous" and "unethical," and he said the university has an excellent defense to the McKinney family's lawsuit.
Scott Shockley, a local attorney that represents Ball State, was referring to the press conference held in February where Fieger announced the federal lawsuit he filed against the university.
The lawsuit was filed on behalf of the family of fourth-year student Michael McKinney, who was shot and killed by University Police officer Robert Duplain. The officer had been responding to a burglary call. Police reports state McKinney ran at Duplain and wouldn't stop when ordered to. At the time, Duplain had only seven months of law-enforcement experience and had yet to attend the Indiana Police Academy.
Shockley said Fieger's comment that McKinney was killed in "cold-blooded murder" was in violation of the Indiana Rules of Professional Conduct, an ethical code of conduct for lawyers in Indiana.
Fieger's law firm is based in Michigan.
"If you're going to practice law in Indiana, they apply to him," Shockley said. "Maybe he should read them."
According to the Rules of Conduct, a lawyer should not make a statement to the press that would be likely to prejudice a judicial procedure.
Despite his criticism of Fieger's conduct, Shockley emphasized the seriousness of the case at hand.
"It was a tragedy," Shockley said. "I don't mean to say anything that suggests it wasn't. That does not mean that the officer was not justified in taking the actions he took."
Fieger filed his lawsuit in federal court on Feb. 10. In it, he claimed McKinney's constitutional rights to be free from use of excessive, unreasonable and unjustified force were violated.
Initially, Fieger announced the lawsuit would ask for $100 million.
"It gets your attention," Fieger told reporters at the press conference.
The lawsuit actually calls for damages in excess of $75,000.
Fieger is a well-known attorney who defended "suicide doctor" Jack Kevorkian. He filed a lawsuit against Time Warner and won $25 million settlement when a man was killed after a taping of the Jenny Jones Show. His Web site claims he has won more multi-million dollar lawsuits than any other lawyer in the nation.
"Geoffrey Fieger means nothing to me," Shockley said.
The lawsuit targets Duplain and University Police Chief Gene Burton in their "individual and official capacities." Shockley said the university will be defending both of them.
Fieger could not be reached for comment.
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